Colorado Common Interest Ownership Act (CCIOA) (C.R.S. §38-33.3-101, et seq.) General Provisions: (Part 1) (C.R.S. §38-33.3-101 to §38-33.3-124) Date enacted (legislative notes 1991) Applicability to communities created before/after date CCIOA enacted (Sec. 117) Common Interest Community: definition (Sec. 103(8)) Common Elements: definition (Sec. 103(5)) Declaration: definition (Sec. 103(13)) Limited Common Element: definition (Sec. 103(19)) Taxation of Common Elements (Sec. 105) Prohibitions contrary to public policy (Sec. 106.5) o American flag o Service flag o Political signs o Emergency service vehicles o Fire mitigation plans o Xeriscape or drought-tolerant vegetative landscapes o Renewable energy generation devices o Flammable roofing materials Unreasonable restrictions on energy efficiency measures (Sec. 106.7 and Sec. 106.8) o Energy efficiency measure—definition o Permissible rules o Electric vehicle charging stations (Sec. 106.8) Exemptions from CCIOA o Small cooperatives and planned communmities (Sec. 116) o Limited expense communities (Sec. 116) o Large planned communities (Sec. 116.3) Statute of limitations for enforcement actions (Sec. 123(2))Right to collect/seek legal fees (Sec. 123 (1)) Alternative dispute resolution (Sec. 124) Creation, Alteration, and Termination of Common Interest Communities: (Part 2) (C.R.S. §38-33.3-201 to §38-33.3.223) How a common interest community must be created (Sec. 201) Declaration (Sec. 205) o Required content o Purpose Required public disclosures (Sec. 209.4) Required governance policies (Sec. 209.5) Conflict of interest policy (Sec. 209.5(4)) Executive board member education (Sec. 209.6) Owner education (Sec. 209.7) Alteration of units (Sec. 211) Declaration amendments (Sec. 217) o Min/max owner approval requirements (Sec. 217(1)(a)) o Court petition process (Sec. 217(7)) o Certified notice to first mortgagees option (Sec. 217(1)(b))
Management of the Common Interest Community (Part 3) (C.R.S. §38-33.3-301 to §38-33.3-319) Independent powers of association even without specific authority in the declaration (Sec. 302) o Right to adopt rules and regulations (Sec. 302(1)(a)) o Right to regulate use, maintenance and repair of common elements (Sec. 302(1)(f)) o Notice and opportunity for hearing prior to fining (Sec. 302(1)(k)) o Termination of managing agent for cause (Sec.302(4)(a) Actions that may not be taken by boards without owner approval (Sec. 303(3)(a)) Financial Audits (Sec. 303(4)(b)) CCIOA budget process (Sec. 303(4)) Investment of Reserve Funds (Sec, 303(2.5)) and Reserve Study (Sec. 209.5) Construction defect actions – disclosure (Sec. 303.5) Required contents of bylaws (Sec. 306) Default maintenance requirements (Sec. 307) Requirement for annual meetings (Sec. 308(1)) Calling special meetings (Sec. 308(1)) Notice of membership meetings (Sec. 308(1) and (2)) Open meetings (Sec. 308(2.5)) Executive sessions (Sec. 308(3) through (7)) Default quorom (Sec. 309) Use of proxies (Sec. 310) Conflict of Interest - Board and Manager (Sec. 310.5) Requirements for conveyance/encumbrance of common elements (Sec. 312) Insurance requirements (Sec. 313) o Fidelity Insurance (Sec. 313(10) through (13) Assessment lien (Sec. 316) Records of association (Sec. 317) o What constitutes a record subject to inspection? o Who may inspect? o What records may/must be withheld? Conflict between CCIOA and other statutes (Sec. 319) Registration (Part 4) (C.R.S. §38-33.3-401 to §38-33.3-402) Requirement to annual register common interest community (Sec. 401) CAM licensing – must maintain valid license (Sec. 402)
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